Mondelez Australia (Foods) Ltd T/A Mondelez International

[2020] FWCA 522

[2020] FWCA 522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mondelez Australia (Foods) Ltd T/A Mondelez International
(AG2019/5063)

MONDELEZ AUSTRALIA (FOODS) SUTTONTOWN PRODUCTION AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 5 FEBRUARY 2020

Application for approval of the Mondelez Australia (Foods) Suttontown Production Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mondelēz Australia (Foods) Suttontown Production Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mondelez Australia (Foods) Ltd T/A Mondelez International. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 14 January 2020.

[3] On 21 January 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 29 January 2020. The undertaking deals with the following topics:

•  In relation to clause 28.4 (Annual Leave), an employee who is regularly rostered to work on Sundays and public holidays will be entitled to accrue annual leave on a pro rata basis for the relevant period they have met the criteria. This leave will accrue progressively according to their ordinary hours of work. Employees entitled to additional leave under this subclause are “shiftworkers” for the purpose of National Employment Standards (NES).

•  Clause 29.2.2 (Paid Personal Leave to Care for a Family Member) will operate in accordance with s.97 of the Act and subclause 29.2.2 paragraph 3 will not apply.

•  In relation to Clause 3.3.2 (Casual Employees), casual workers will be paid per hour 1/38th of the weekly rate prescribed by Schedule 1 for the hours performed plus 25%.

•  In relation to Clause 3.3.6 (Causal Employees), work performed by casual workers outside ordinary hours or as overtime hours will be paid at the appropriate rate prescribed in Schedule 1, and in accordance with clauses 19.4.7 – 19.4.9, clause 20, and clause 21.1.

•  In relation to clause 3.2 (Part Time Employees) before commencing part-time employment, the employer and employee will agree to the classification level of the employee in accordance with Schedule 1, the employee will be advised that the minimum fortnightly hours will be 40 hours per fortnight, and that the roster will be communicated weekly. Overtime rates will apply to work undertaken in excess of 8 hours per day, outside the span of ordinary hours, or in excess of 38 hours per week, unless rostered as per section 5 (Hours of Work, Breaks, OT, & Weekends) of the Agreement. Employees will be entitled to receive leave entitlements on a pro rata basis.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not provide a view.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

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